(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner prays for quashment of order dated 9th November, 2009 (Annexure P/1) passed by respondent no.3/District Magistrate, Bhopal and to quash the order dated 14.12.2009 (Annexure P/3) passed by respondent no.2/State of Madhya Pradesh and to revoke the detention order of his relative Athar S/o Babu Khan-detenu.
(2.) THE facts recited in the petition as well as in the return submitted by the respondent no.2/State, in brief, are that the petitioner's relative Athar has been detained by virtue of order dated 9th November, 2009 passed by respondent no-3/ District Magistrate Bhopal in exercise of powers conferred by sub section (2) of section 3 of the National Security Act (hereinafter referred to as the 'Act' for short). This order was confirmed by the order dated 14.12.2009 (Annexure P/3) passed by respondent no.2/State Government in exercise of powers confirmed under Section 12(1) of the Act after receiving the report from the Advisory Board.
(3.) LEARNED counsel for the petitioner has challenged his detention mainly on the ground that the grounds number 1 and 2 were stale as they pertained to the offences alleged to have been committed by him on 10.1.1998 and 16.5.2008 and that all the grounds right from ground number 1 to ground number 5 pertained to law and order and not to the maintenance of public order as they did not disturb the public tranquility at large.